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Exam 2 > Laws of Arrest (2.2) > Flashcards

Laws of Arrest (2.2) Flashcards

1
Q

True or False:

All arrest warrants must be confirmed prior to warrant service.

A

True

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2
Q

Who has the authority to make an arrest?

A 
Police officer
Citizen
Merchant
Bail bondsman
Parole / Probation Officers
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3
Q

True or False:
While making a citizens arrest, either the officer, or if the officer cannot, the citizen, shall swear out a complaint in front of the magistrate showing the facts of the offense.

A

True

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4
Q

Can you make an arrest at any time in any public place?

A

Yes

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5
Q

True or False:
It must appear to a reasonable police officer to be valid if he/she were to look at it without any knowledge of the circumstances.

A

True

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6
Q

Identify some examples of the information that an officer is required to provide to a person who is being arrested

A

Why they’re being arrested

Show them warrant (if asked)

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7
Q

Identify examples of the circumstances under which it is preferable to seek a long-form complaint rather than make a probable cause arrest

A

Weak PC
Complex case
Custodial issues
Arrestee needs medical attention

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8
Q

Identify what a merchant needs to detain a suspected shoplifter

A

Reasonable cause / grounds

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9
Q

True or False:
In the absence of a court order or warrant, only a parole or probation officer may lawfully arrest a person for a parole/probation violation.

A

True

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10
Q

What is considered the “building blocks” of an arrest?

A

Probable Cause

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11
Q

What are the requirements after an arrest without a warrant?

A

MUST HAVE PC

  • They are to be taken, without unnecessary delay, before a magistrate in the county where the arrest occurred.
  • A complaint must be filed before the magistrate explaining the facts of the case and the basis of those facts.
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12
Q

Can an officer make an arrest if there is probable cause to believe that a felony has been committed by the person to be arrested?

A

Yes

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13
Q

True or False:

Most arrests are made with a warrant.

A

False

Most arrests are made WITHOUT a warrant

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14
Q

True or False:

An person being served with an arrest warrant has no right to see the warrant.

A

False

If the arrestee requests to see the arrest warrant, show it to him/her as soon as practical

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15
Q

What is the justification for use of reasonable and necessary means?

A

Even though a person is justified under this Chapter in threatening or using physical force or deadly physical force against another, if in doing so such person recklessly injures or kills an innocent third person, the justification afforded by this Chapter is unavailable in prosecution for the reckless injury or killing of the innocent third person. (ARS 13-401)

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16
Q

What are examples of when it is justified to use force?

A
  • A parent or guardian and a teacher
  • An entrusted official of a jail, prison or correctional institution
  • For the maintenance or order in a place where others are assembled or on a common motor carrier of passengers
  • For the belief that another person is about to commit suicide or to inflict serious physical upon himself/herself
  • For administering a recognized and lawful form of treatment which is reasonably adapted to promoting the physical or mental health of the patient
17
Q

In order to protect himself/herself against the unlawful physical force or deadly physical force that a reasonable person would believe is threatening the third person, is he/she justified to use force? If so, what level of force?

A

Yes

Physical force or deadly physical force

18
Q

Are there reasons that you can use physical force to protect property?

A

Yes

19
Q

What are the 3 factors analyzed for use of force?

A
  • Present opportunity (what weapons are involved/how far away are they from you)
  • Physical opportunity (how big are they/you)
  • Manifest intent (what are they doing/saying)
20
Q

What level of force is justified for the following:

  • Arson of an occupied structure
  • Burglary in the 2nd or 1st degree
  • Kidnapping
  • Manslaughter
  • 2nd or 1st degree murder
  • Sexual conduct with a minor
  • Sexual assault
  • Child molestation
  • Armed robbery
  • Aggravated assault
A

Physical force or deadly physical force

21
Q

True or False:

There is no duty to retreat before threatening or using deadly physical force.

A

True

22
Q

Is the use of deadly physical force justified for a domestic violence victim?

A

Yes

23
Q

When is defensive display of a firearm justified?

A

When and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force

24
Q

What are examples of people with immunity from arrest?

A
  • Ambassadors and foreign ministers
  • Foreign consuls
  • Federal employees
  • Witnesses under subpoena
  • National Guard members
25
Q

Are ambassadors and foreign ministers totally immune from arrests for any crime?

A

Yes

26
Q

What is the immunity of foreign consuls?

A

Does not apply in cases of treason, felonies or breaches of the peace

27
Q

True or False:

Federal employees are immune for traffic offenses or for criminal offenses other than a minor parking exemption

A

False

28
Q

What is the immunity of witnesses under subpoena?

A

Does not apply in cases of treason, felonies or breaches of the peace misdemeanors while attending or traveling to, or from

29
Q

What is the immunity of National Guard members?

A

Immune from arrest for all offenses except felonies while traveling to, from, or attending military drills or duty

30
Q

What would you do if during a lawful stop, you develop reasonable suspicion to believe that the detainee is an alien and unlawfully present in the United States?

A

Attempt to verify the detainee’s immigration status with either ICE or CBP

31
Q

True or False:

To detain a person requires reasonable suspicion

A

True

32
Q

True or False:

Running from cops is reasonable suspicion

A

False

33
Q

What is entrapment

A

When a suspect who is not predisposed to commit a crime, is induced to do so by the conduct of the government
(coercing someone to commit a crime)

34
Q

What do you need in order to enter a house?

A

-Consent
-Exigent circumstances (hot pursuit, life or evidence in danger)
-Felony warrant (must be own house)
(non-consentual entries require knock and announce)

35
Q

Identify examples of conditions under which a private person may make a lawful arrest

A
  • Felony or breach of peace (A.R.S. 13-3884)
  • Must inform of reason of arrest unless engaging in offense or pursuit or forcibly resisting (A.R.S. 13-3889)
  • Deliver arrestee to peace officer or nearest judge (A.R.S. 13-3900)
36
Q

Identify the common limitations of officer discretion

A
  • Law
  • Departmental policies and procedures
  • Departmental goals and objectives
37
Q

When is Cite and Release not valid

A
  • DV
  • Felonies
  • Most Juvenile cases
  • When policy prohibits it
  • When arrestee won’t appear
38
Q

Who has complete immunity?

A
  • Ambassadors

- Foreign ministers

Exam 2 (6 decks)

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